Ram Chandra Sahu And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20630 of 2010 ======================================================

1. Ram Chandra Sahu Son of Late Laxmi Sahu

2. Subain Sahu Son of Late Ramroop Sahu Both are resident of village - Kachhubi, Tole - Bathanaha P.O. Tamoriya P.S. & Anchal - Lakhanaur Sub-Division - Jhanjharpur Distt. - Madhubani (Bihar).

.... .... Petitioners

Versus

1. The State of Bihar

2. The Commissioner, Darbhanga Division, Darbhanga.

3. The Collector of District (D.M.) Madhubani

4. The Additional Collector, Madhubani

5. The Sub-Divisional Officer (S.D.O.) Jhanjharpur, Madhubani.

6. The Deputy Collector Land Reforms (DCLR) Jhanjharpur, Madhubani.

7. The Anchala Adhikari, Lakhnaur, Anchal- Lakhnaur, Distt. - Madhubani.

...........Respondent 1st party

8. Sri Sumiran Sahu, Son of Late Prabhu Sahu @ Parsi Sahu

9. (i) Chuliya Devi, W/o Late Hazari Sahu (ii) Nasiblal Sah, S/o Late Hazari Sahu (iii) Gulab Devi, D/o Late Hazari Sahu All are resident of village - Kachhubi, Tole - Bathanaha, P.O. - Tamoriya P.S. & Anchal - Lakhanaur Sub Division - Jhanjharpur Distt. Madhubani (Bihar).

.... .... Respondent 2nd party ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Nath Jha For the Respondent/s : Mr. Fazal Rahman Gp6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

07-07-2015 Heard Sri Shashi Nath Jha, learned counsel for petitioners, learned A.C. to Govt. Pleader - 7 as well as Sri Dhirendra Kumar Jha, learned counsel, who appears on behalf of respondent no. 8 & heirs of respondent no. 9. During the pendency of the writ petition, in view of certain development, petitioners have files second supplementary

Patna High Court CWJC No.20630 of 2010 (5) dt.07-07-2015 2/2 affidavit with a prayer to allow the petitioners to withdraw the writ petition. It has been pleaded that in respect of same dispute, private respondents have filed a title suit, vide Title Suit No. 34 of 2010, which is pending in the court of Munsif, Jhanjharpur, (Madhubani). A prayer has been made by petitioners to grant liberty to them to raise all the points, which have been raised in the present writ petition, in the suit.

The prayer is allowed.

The writ petition stands dismissed as withdraw with liberty, as indicated above.

(Rakesh Kumar, J.) Anay U